SAQA All qualifications and part qualifications registered on the National Qualifications Framework are public property. Thus the only payment that can be made for them is for service and reproduction. It is illegal to sell this material for profit. If the material is reproduced or quoted, the South African Qualifications Authority (SAQA) should be acknowledged as the source.
SOUTH AFRICAN QUALIFICATIONS AUTHORITY 
REGISTERED UNIT STANDARD: 

Demonstrate understanding of legal aspects pertaining to human resources in a school 
SAQA US ID UNIT STANDARD TITLE
260217  Demonstrate understanding of legal aspects pertaining to human resources in a school 
ORIGINATOR
SGB Education Management and Leadership 
PRIMARY OR DELEGATED QUALITY ASSURANCE FUNCTIONARY
-  
FIELD SUBFIELD
Field 05 - Education, Training and Development Schooling 
ABET BAND UNIT STANDARD TYPE PRE-2009 NQF LEVEL NQF LEVEL CREDITS
Undefined  Regular  Level 4  NQF Level 04  12 
REGISTRATION STATUS REGISTRATION START DATE REGISTRATION END DATE SAQA DECISION NUMBER
Reregistered  2018-07-01  2023-06-30  SAQA 06120/18 
LAST DATE FOR ENROLMENT LAST DATE FOR ACHIEVEMENT
2024-06-30   2027-06-30  

In all of the tables in this document, both the pre-2009 NQF Level and the NQF Level is shown. In the text (purpose statements, qualification rules, etc), any references to NQF Levels are to the pre-2009 levels unless specifically stated otherwise.  

This unit standard does not replace any other unit standard and is not replaced by any other unit standard. 

PURPOSE OF THE UNIT STANDARD 
Learners credited with this Unit Standard will be able to work within the legislative framework when dealing with human resource matters at a school in the performance of their duties. Learners will be members of School Governing Bodies (SGBs) that employ staff additional to staff establishment. They will know the implications of the school (SGB) being an employer. They will also know all the relevant legislation and how to apply procedures pertaining to payment, income tax, contracts, hearings, arbitration, conciliation, discipline and dismissals. Learners will also know the role and jurisdiction of the SGB and that of the Head of Department in human resource matters.

Learners credited with this standard will be capable of:
  • Demonstrating understanding of the regulatory framework pertaining to human resources within a school.
  • Describing the school's (SGB) role as an employer.
  • Describing the duties of employees and the processes to deal with breach of contract. 

  • LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING 
  • Communication at NQF Level 3.
  • Mathematical Literacy at NQF Level 3. 

  • UNIT STANDARD RANGE 
    This Unit Standard is for those School Governing Bodies (SGBs) that employ staff.

    While it is the SGB that performs all these activities, it is the school that is the juristic person. Hence, the term 'school (SGB)' is used in the standard to clarify this legal aspect. 

    Specific Outcomes and Assessment Criteria: 

    SPECIFIC OUTCOME 1 
    Demonstrate understanding of the regulatory framework pertaining to human resources within a school. 
    OUTCOME RANGE 
    Legislation includes, but is not limited to, relevant sections of the Public Service Act (No 103 of 1994) , Labour Relations Act (No 66 of 1995), Promotion of Administrative Justice Act (3 0f 2000), Basic Conditions of Employment Act (BCEA) No 75 of 1997, Employment Equity Act (EEA) No 55 of 1998), Skills Development Act (SDA) No 97 of 1998), Skills Development Levies Act No 9 of 1999, South African Revenue Services Act (SARS) No 34 of 1997, Employment of Educators Act (76 0f 1998), South African Council of Educators Act (No 3 of 2000), the South African Schools Act of 1996 (as amended). 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The constitutional rights of workers are described in accordance with relevant legislation. 
    ASSESSMENT CRITERION RANGE 
    Relevant legislation includes, but is not limited to, Section 23 of Chapter 2 of the Bill of Rights.
     

    ASSESSMENT CRITERION 2 
    The main purposes of applicable legislation are explained in terms of the rights of employees. 

    ASSESSMENT CRITERION 3 
    Necessary aspects of relevant legislation are put into place to ensure that the human resource policy conforms to legislation. 

    ASSESSMENT CRITERION 4 
    The role and influence of the SGB's human resource policy is confirmed to be in accordance with the parameters set by the labour relations agreements. 

    ASSESSMENT CRITERION 5 
    SGB members perform their tasks within the jurisdiction set by the SASA relating to rights and limitations of the SGB regarding human resource matters. 

    ASSESSMENT CRITERION 6 
    The Constitutional right to strike is explained in relation to the child's right to education. 

    SPECIFIC OUTCOME 2 
    Describe the school's (SGB) role as an employer. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The duties of the school (SGB) are described that emphasise the extent of its obligations as an employer. 

    ASSESSMENT CRITERION 2 
    The school's (SGB) responsibilities are explained in relation to various concepts related to remuneration. 
    ASSESSMENT CRITERION RANGE 
    Concepts include wage, salary, and employee's tax, Pay as You Earn (PAYE), Standard Income Tax on Employees (SITE), tax liability, and taxable benefits.
     

    ASSESSMENT CRITERION 3 
    Various processes of the South African Revenue Service (SARS) are described in terms of the SGB's tax obligations with respect to employees. 
    ASSESSMENT CRITERION RANGE 
    Processes include but are not limited to registration with SARS, tax tables (IRP 10), preparing tax certificates (IRP 5), completing IRP 101 and IRP 201.
     

    ASSESSMENT CRITERION 4 
    Employees' tax is calculated according to SARS schedules. 

    ASSESSMENT CRITERION 5 
    The SGB's contribution to employee benefits are highlighted to ensure that provision for contractual obligations are made in the budget. 
    ASSESSMENT CRITERION RANGE 
    Employee benefits include Unemployment Insurance Fund (UIF), Workers Compensation Fund, Skills Development Levy, Regional Services Levy.
     

    SPECIFIC OUTCOME 3 
    Describe the duties of employees and the processes to deal with breach of contract. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The employee's duties to the school are described in terms of the job description and line function. 

    ASSESSMENT CRITERION 2 
    Consequences of a breach of contract are described in terms of the concepts of discipline, good faith and a disciplinary code. 

    ASSESSMENT CRITERION 3 
    Mechanisms for disciplining employees are explored that will rectify a breach of good faith. 

    ASSESSMENT CRITERION 4 
    All internal processes to resolve grievances and disputes are explained that will prevent dismissal of an employee. 

    ASSESSMENT CRITERION 5 
    The various types of dismissals are identified and described to ensure that the proper procedure is followed, should dismissal become necessary. 

    ASSESSMENT CRITERION 6 
    The disciplinary procedures and processes for employees are explained in terms of roles and responsibilities. 

    ASSESSMENT CRITERION 7 
    The responsibilities of the SGB are explained in terms of the legal parameters related to mediation, conciliation and arbitration. 


    UNIT STANDARD ACCREDITATION AND MODERATION OPTIONS 
  • Anyone assessing a learner or moderating the assessment of a learner against this Unit Standard must be registered as an assessor with the relevant ETQA.
  • Any institution offering learning that will enable the achievement of this Unit Standard must be accredited as a provider with the relevant ETQA.
  • Assessment and moderation of assessment will be overseen by the relevant ETQA according to the ETQA policies and guidelines for assessment and moderation.
  • Moderation must include both internal and external moderation of assessments at exit points of the qualification, unless ETQA policies specify otherwise. Moderation should also encompass achievement of the competence described both in individual Unit Standards as well as the integrated competence described in the qualification. 

  • UNIT STANDARD ESSENTIAL EMBEDDED KNOWLEDGE 
    Relevant legislation includes but is not limited to relevant sections of the Public Service Act (No 103 of 1994), Labour Relations Act (No 66 of 1995), Promotion of Administrative Justice Act (3 0f 2000) Basic Conditions of Employment Act (BCEA) No 75 of 1997, Employment Equity Act (EEA) No 55 of 1998), Skills Development Act (SDA) No 97 of 1998), South African Revenue Services Act (SARS) No 34 of 1997:
  • Constitutional rights of workers.
  • Roles of employer and employees.
  • Responsibilities related to remuneration.
  • Consequences of breach of contract.
  • Procedures regarding mediation, arbitration, conciliation and discipline. 

  • UNIT STANDARD DEVELOPMENTAL OUTCOME 
    N/A 

    UNIT STANDARD LINKAGES 
    N/A 


    Critical Cross-field Outcomes (CCFO): 

    UNIT STANDARD CCFO IDENTIFYING 
    Identify and solve problems in which responses display that responsible decisions using critical and creative thinking have been made when:
  • Applying the regulatory framework for human resources within the school context.
  • Determining the financial implications for SGB appointees. 

  • UNIT STANDARD CCFO WORKING 
    Work effectively with others as a member of a team, group, organisation, community to:
  • Conform to all the processes and procedures to deal with school staff.
  • To manage human resource challenges within the legal framework.
  • Ensure that SARS processes are adhered to.
  • Effect mediation, arbitration, conciliation and disciplinary procedures. 

  • UNIT STANDARD CCFO ORGANISING 
    Organise and manage oneself and one's activities responsively and effectively when:
  • Explaining and applying the regulatory framework.
  • Determining remuneration and the attendant tax implications and levies to be paid by the SGB.
  • Abiding by labour agreements. 

  • UNIT STANDARD CCFO COLLECTING 
    Collect, analyse, organise and critically evaluate information to:
  • Ensure that the law is upheld.
  • Ensure that all human resource matters are dealt with according to legal procedure.
  • Calculate the remuneration, taxes (PAYE, SITE), levies, other contributions. 

  • UNIT STANDARD CCFO COMMUNICATING 
    Communicate effectively using visual, mathematical and/or language skills in the modes of oral and/or written presentation to:
  • Ensure that all processes are guided by the regulatory framework. 

  • UNIT STANDARD ASSESSOR CRITERIA 
    N/A 

    REREGISTRATION HISTORY 
    As per the SAQA Board decision/s at that time, this unit standard was Reregistered in 2012; 2015. 

    UNIT STANDARD NOTES 
    N/A 

    QUALIFICATIONS UTILISING THIS UNIT STANDARD: 
      ID QUALIFICATION TITLE PRE-2009 NQF LEVEL NQF LEVEL STATUS END DATE PRIMARY OR DELEGATED QA FUNCTIONARY
    Elective  57712   Further Education and Training Certificate: Generic Management  Level 4  NQF Level 04  Reregistered  2023-06-30  As per Learning Programmes recorded against this Qual 


    PROVIDERS CURRENTLY ACCREDITED TO OFFER THIS UNIT STANDARD: 
    This information shows the current accreditations (i.e. those not past their accreditation end dates), and is the most complete record available to SAQA as of today. Some Primary or Delegated Quality Assurance Functionaries have a lag in their recording systems for provider accreditation, in turn leading to a lag in notifying SAQA of all the providers that they have accredited to offer qualifications and unit standards, as well as any extensions to accreditation end dates. The relevant Primary or Delegated Quality Assurance Functionary should be notified if a record appears to be missing from here.
     
    1. AFRICA COMPETENCY DEVELOPMENT (PTY)LTD 
    2. Compass Academy of Learning 



    All qualifications and part qualifications registered on the National Qualifications Framework are public property. Thus the only payment that can be made for them is for service and reproduction. It is illegal to sell this material for profit. If the material is reproduced or quoted, the South African Qualifications Authority (SAQA) should be acknowledged as the source.